TMI Blog2017 (5) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 482 Cr.P.C. or Article 226 of the Constitution of India would interfere in the order of the Court below only if the same results in failure of justice or the discretion is exercised contrary to the settled principles of law. Considering the fact that the composition fee has been brought down considerably by the learned Additional Sessions Judge, this Court finds no merit in the petition. - CRL.M.C. 399/2017 and Crl. M.A. No. 1776/2017 (Stay), W.P.(CRL) 534/2017 - - - Dated:- 11-5-2017 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. Sarwar Raza, Mr. Mahendra Pratap and Mohd. Waseem Akram, Advocates., Mr. Sandeep Gupta, Advocate. Respondents Represented by: Mr. Sanjeev Narula, CGSC with Mr. Abhishek Ghai and Ms. Anumi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er day delay, the respondent No.2 noted that the maximum fine imposable on the company was ₹ 61,48,000/-. On applications filed by the company and Suresh Kumar Chauhan before the learned ACMM for the composition of the offences alleged in the complaint filed by the respondent No.2 vide order dated 19th April, 2016 composition was allowed subject to each of the petitioners paying ₹ 15,00,000/- as the compounding fee. 4. Aggrieved by the said order dated 19th April, 2016 the company filed an appeal before the learned Additional Sessions Judge which was disposed of vide impugned order dated 21st October, 2016. Upholding the composition, the learned Additional Sessions Judge noting the facts held that compounding fee of ₹ 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anr. vs. State of Gujarat Ors, held that undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and the society cannot long endure under such serious threats. Thus, it was the duty of every Court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed. In the decision reported as 2013 (7) SCC 545 Gopal Singh vs. State of Uttarakhand while focusing on the concept of the principle of proportionality between the crime and punishment, Supreme Court held: 18. Just punishment is the collective cry of the society. While the collective cry has to be kept uppermost in the mind, simu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f. Similarly, an offender cannot be allowed to be treated with leniency solely on the ground of discretion vested in a court. The real requisite is to weigh the circumstances in which the crime has been committed and other concomitant factors which we have indicated hereinbefore and also have been stated in a number of pronouncements by this Court. On such touchstone, the sentences are to be imposed. The discretion should not be in the realm of fancy. It should be embedded in the conceptual essence of just punishment. 9. Similarly, in service law the Supreme Court in the decision reported as 2007 (4) SCC 669 Coimbatore District Central Cooperative Bank vs. Coimbatore District Central Cooperative Bank Employees Assn. Anr. emphasized o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiny of excessive onerous penalties or infringement of rights or interests and a manifest imbalance of relevant considerations, the latter (necessity test) requires infringement of human rights to the least restrictive alternative. [Judicial Review of Administrative Action (1995), pp. 601-05, para 13.085; see also Wade Forsyth: Administrative Law (2005), p. 366.] 20. In Halsbury's Laws of England (4th Edn.), Reissue, Vol. 1(1), pp. 144-45, para 78, it is stated: The court will quash exercise of discretionary powers in which there is no reasonable relationship between the objective which is sought to be achieved and the means used to that end, or where punishments imposed by administrative bodies or inferior courts are wholl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n view the circumstances. On an appeal being filed the same has been further reduced. 11. The prayer in the present petitions is for further reduction of the same. Considering the default in filing the annual returns and the balance sheets which amount to the offences punishable under Section 162/220 (3) of the Companies Act, applying the doctrine of proportionality, negligible imposition of composition fee would also not serve the purpose. It cannot be held that the composition fee of ₹ 8,00,000/- on each of the petitioners imposed by the learned Additional Sessions Judge was not a fair and just exercise of the discretion. This Court in a petition under Section 482 Cr.P.C. or Article 226 of the Constitution of India would interfer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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